Case Detail

National Immigration Law Center v. United States Department of Homeland Security et al

District

Central District of California

City

Western Division - Los Angeles

Case Number

2:2014cv09632

Date Filed

2014-12-17

Date Closed

2016-03-24

Judge

Judge Philip S. Gutierrez

Plaintiff

National Immigration Law Center

Case Description

The National Immigration Law Center submitted a FOIA request to the Department of Homeland Security and Immigration and Customs Enforcement for records concerning access to and use of DMV databases for immigration enforcement purposes. NILC also requested expedited processing and a fee waiver. ICE acknowledged receipt of the request and denied NILC's requests for expedited processing and a fee waiver. NILC filed an administrative appeal of the denial. Subsequently, ICE sent a letter to NILC indicating that it conducted a search, but could find no records. NILC then filed an administrative appeal of the no records decision. DHS acknowledged receipt of the request, denied expedited processing, but conditionally granted NILC's request for a fee waiver. However, after hearing nothing further from DHS, NILC filed suit.Complaint issues: Public Interest Fee Waiver, Expedited processing, Failure to respond within statutory time limit, Litigation - Attorney's fees

Defendant

United States of Department of Homeland Security (USDHS)

Defendant

United States of Department of Homeland Security (USDHS) TERMINATED: 02/13/2015

Defendant

United States Immigration and Customs Enforcement a component of the Department of Homeland Security

DECLARATION of District Attorney George Gascon in support of MOTION for Preliminary Injunction re Expedited Processing of FOIA Requests . Motion 4 filed by Plaintiff National Immigration Law Center. (Grossman, Andrew) (Entered: 12/17/2014)

DECLARATION of George Escobar in support of MOTION for Preliminary Injunction re Expedited Processing of FOIA Requests . Motion 4 filed by Plaintiff National Immigration Law Center. (Grossman, Andrew) (Entered: 12/17/2014)

60 DAY Summons Issued re Complaint 1 as to Defendants United States Immigration and Customs Enforcement, United States of Department of Homeland Security. (bm) (Entered: 12/18/2014)

2014-12-19

16

MINUTES (IN CHAMBERS) ORDER Order DENYING Motion for a Preliminary Injunction by Judge Philip S. Gutierrez denying 4 Motion for Preliminary Injunction: On December 17, 2014, Plaintiff National Immigration Law Center ("NILC" or "Plaintiff") filed a Complaint against Defendants the United States Department of Homeland Security ("DHS") and United States Immigration and Customs Enforcement ("ICE"). Dkt. No. 1. The Complaint seeks Declaratory and Injunctive relief pursuant to the Freedom of Information Act, 5 U.S.C. § 552. See Compl. On that same day, Plaintiff filed a motion for a preliminary injunction. Dkt. No. 4. Plaintiff has not filed any proof of service or shown the Court that it served Defendants with this motion. A preliminary injunction may not be issued without notice to the adverse party. See Fed. R. Civ. P. 65(a)(1). Accordingly, the Court DENIES Plaintiff's motion. (bm) (Entered: 12/19/2014)

2014-12-19

17

PROOF OF SERVICE filed by Plaintiff National Immigration Law Center, served on December 18, 2014. (Grossman, Andrew) (Entered: 12/19/2014)

PROOF OF SERVICE filed by Plaintiff National Immigration Law Center, re MOTION for Preliminary Injunction re Expedited of Processing of FOIA Requests . Motion 18 served on December 19, 2014. (Grossman, Andrew) (Entered: 12/19/2014)

2015-01-02

20

PROOF OF SERVICE filed by Plaintiff National Immigration Law Center, re MOTION for Preliminary Injunction re Expedited of Processing of FOIA Requests . Motion 18 , Summons Issued 15 , Complaint (Attorney Civil Case Opening) 1 to Office of the United States Attorney served on 01/02/2015. (Grossman, Andrew) (Entered: 01/02/2015)

2015-01-14

21

NOTICE of Appearance filed by attorney Alice Shih LaCour on behalf of Defendants United States Immigration and Customs Enforcement, United States of Department of Homeland Security (Attorney Alice Shih LaCour added to party United States Immigration and Customs Enforcement(pty:dft), Attorney Alice Shih LaCour added to party United States of Department of Homeland Security(pty:dft))(LaCour, Alice) (Entered: 01/14/2015)

CERTIFICATE OF SERVICE filed by Plaintiff National Immigration Law Center, re EX PARTE APPLICATION to Expedite Hearing and Amended Briefing Schedule 22 served on 01/14/2015. (Grossman, Andrew) (Entered: 01/14/2015)

2015-01-15

24

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: EX PARTE APPLICATION to Expedite Hearing and Amended Briefing Schedule 22 ; Proof of Service 23 ,. The following error(s) was found: Missing Judge's initials next to case number. Case should read as: 2:14-cv-09632-PSG. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lom) (Entered: 01/15/2015)

NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendant United States of Department of Homeland Security. Motion set for hearing on 3/23/2015 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order)(LaCour, Alice) (Entered: 02/02/2015)

REPLY in support of MOTION for Preliminary Injunction re Expedited of Processing of FOIA Requests . Motion 18 filed by Plaintiff National Immigration Law Center. (Attachments: # 1 Proposed Order to Convert Hearing Date into Scheduling Conference, # 2 Declaration of Rigoberto Gutierrez in Support of Reply Memorandum)(Grossman, Andrew) (Entered: 02/09/2015)

2015-02-10

33

MINUTE ORDER (IN CHAMBERS) by Judge Philip S. Gutierrez: VACATING the Hearing Date for Plaintiff's motion for a Preliminary Injunction 18 and Setting a Scheduling Conference. The Court VACATES the hearing date for Plaintiff's motion, finds that the motion has been RENDERED MOOT, and sets a scheduling conference for February 23, 2015 at 1:30pm. (wm) (Entered: 02/10/2015)

2015-02-10

34

TEXT ONLY ENTRY IN CHAMBERS by Judge Philip S. Gutierrez: Based on the Court's Order issued on February 10, 2015, the 31 Scheduling Conference is ADVANCED to 02/23/2015 at 01:30 pm.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY (Entered: 02/10/2015)

2015-02-13

35

NOTICE OF DISMISSAL filed by Plaintiff National Immigration Law Center pursuant to FRCP 41a(1) without Prejudice as to United States of Department of Homeland Security. (Grossman, Andrew) (Entered: 02/13/2015)

2015-02-13

36

PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF THE DEPARTMENT OF HOMELAND SECURITY; ORDER by Judge Philip S. Gutierrez, re Notice of Voluntary Dismissal of Party(ies) (Pursuant to FRCP 41a(1)) 35 : PLEASE TAKE NOTICE THAT pursuant to Federal Rule of Civil Procedure 41(a)(1), Plaintiff National Immigration Law Center ("NILC") hereby voluntarily dismisses all claims in this action without prejudice only as to Defendant United States Department of Homeland Security ("DHS"). IT IS SO ORDERED. (bm) (Entered: 02/13/2015)

2015-02-13

37

MINUTES (IN CHAMBERS) Order finding that Defendant's motion to dismiss has been RENDERED MOOT and VACATING the hearing currently set for the motion by Judge Philip S. Gutierrez finding as moot 28 Motion to Dismiss for Lack of Jurisdiction: Pending before the Court is Defendant the Department of Homeland Security's ("DHS") motion to dismiss Plaintiff's complaint. Dkt. No. 28. On February 13, 2015, Plaintiff filed a notice dismissing the Department of Homeland Security from this action. See Dkt. No. 35. Accordingly, the Court finds that Defendant DHS's motion to dismiss has been RENDERED moot and VACATES the hearing date for this motion currently set for March 23, 2015. (bm) (Entered: 02/13/2015)

2015-02-20

38

Joint REQUEST to Vacate Order on Motion for Preliminary Injunction, 33 and Order Setting a Scheduling Conference filed by Defendant United States Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(LaCour, Alice) (Entered: 02/20/2015)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint MOTION to Continue status conference from May 4, 2015 to June 8, 2015 44 . The following error(s) was found: Hearing information is missing. The Judge's initial on the case should read as follows: CV 14-9632 PSG (AJWx), the Magistrate Judge should be included on all documents. When document is e-filed as a motion you must have a valid motion hearing date which is not included on this document. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ab) (Entered: 05/01/2015)

2015-05-01

47

ORDER CONTINUING STATUS CONFERENCE by Judge Philip S. Gutierrez granting 44 Motion to Continue: Upon consideration of the Joint Motion to Continue Status Conference, the Court HEREBY CONTINUES the status conference in this matter set for May 4, 2015 at 2:30PM until June 8, 2015. (bm) (Entered: 05/01/2015)

ORDER ORDER SETTING BRIEFING SCHEDULING by Judge Philip S. Gutierrez, re Status Report 48 : NOTE CHANGES MADE BY THE COURT. The hearing on cross motions for summary judgment will be held on December 7, 2015 at 1:30 p.m. (Please see attached document for further details.) (dgon) (Entered: 06/10/2015)

2015-08-27

51

NOTICE of Appearance filed by attorney Zachary John Corey on behalf of Defendant United States Immigration and Customs Enforcement (Attorney Zachary John Corey added to party United States Immigration and Customs Enforcement(pty:dft))(Corey, Zachary) (Entered: 08/27/2015)

ORDER CONTINUING SUMMARY JUDGMENT BRIEFING by Judge Philip S. Gutierrez, re Stipulation to Continue 52 : IT IS HEREBY ORDERED that the summary judgment briefing dates in this action shall be continued by ten days, that the hearing date shall remain unchanged, and that the following specific dates shall govern this action, for the reasons set forth in the parties' separately filed stipulation. Matter: Defendant's Motion for Summary Judgment: 9/10/2015; Plaintiff's opposition, together with any cross-motion: 10/12/2015; Defendant's reply and opposition to any cross-motion: 11/23/2015; Hearing on cross motions for summary judgment: 12/7/2015. (bm) (Entered: 08/31/2015)

REPLY in support NOTICE OF MOTION AND MOTION for Summary Judgment 54 and Opposition to Cross-Motion for Summary Judgment filed by Defendant United States Immigration and Customs Enforcement. (Attachments: # 1 Declaration)(Corey, Zachary) (Entered: 11/02/2015)

2015-11-02

58

STATEMENT of Genuine Dispute of Material Fact Cross NOTICE OF MOTION AND MOTION for Summary Judgment 56 filed by Defendant United States Immigration and Customs Enforcement. (Corey, Zachary) (Entered: 11/02/2015)

2015-11-09

59

Notice of Appearance or Withdrawal of Counsel: for attorney Zachary John Corey counsel for Defendant United States Immigration and Customs Enforcement. Zachary John Corey is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by defendant United States Immigration and Customs Enforcement. (Corey, Zachary) (Entered: 11/09/2015)

2015-11-23

60

REPLY in support of Cross NOTICE OF MOTION AND MOTION for Summary Judgment 56 filed by Plaintiff National Immigration Law Center. (Grossman, Andrew) (Entered: 11/23/2015)

TEXT ONLY ENTRY IN CHAMBERS by Judge Philip S. Gutierrez: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT 54 and PLAINTIFF'S MOTION AND CROSS-MOTION FOR SUMMARY JUDGMENT 56 set for hearing on 12/07/15 are taken under submission and off calendar. Accordingly, no appearance by counsel/parties is necessary. The Court will issue a ruling after full consideration of the submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY (Entered: 12/04/2015)

MINUTE ORDER IN CHAMBERS GRANTING IN PART and DENYING IN PART Defendant's Motion for Summary Judgment and DENYING Plaintiff's Motion for Summary Judgment 54 56 by Judge Philip S. Gutierrez. The Court therefore GRANTS IN PART and DENIES IN PART Defendant's motion and DENIES Plaintiff's motion. The Court requires Defendant to SUBMIT ADDITIONAL DOCUMENTATION: The Chicago ERO field office must conduct a search of its records for documents responsive to Plaintiff's FOIA request. Defendant must submit a supplemental declaration describing the process and results of the search. Defendant must submit a supplemental declaration stating whether all locations thathave a reasonable likelihood of containing responsive documents have been searched.Defendant must submit an updated Vaughn index and declaration addressing theExemption 5 concerns discussed in Section III.B.i., supra.Defendant must submit all additional documentation to Plaintiff by February 9, 2016.Any new motion for summary judgment must be filed by February 23, 2016. (wm) (Entered: 12/11/2015)

MINUTE ORDER IN CHAMBERS re Order re Proposed Judgment by Judge Philip S. Gutierrez: On February 26, 2016, Plaintiff filed status report stating that no additional motions for summary judgment will be filed by either party. Dkt. No. 66. The Court therefore orders that the parties submit a proposed judgment to the Court by March 23, 2016. (see document for further details) (bm) (Entered: 03/02/2016)

2016-03-02

68

ORDER GRANTING EXTENSION OF TIME TO FILE FEE MOTION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 54 BY 30 DAYS by Judge Philip S. Gutierrez, re Stipulation for Extension of Time to File 65 : The Court, having reviewed the Parties' Stipulation to Extend Time to File Fee Motion Pursuant to Federal Rule of Civil Procedure 54 by Thirty Days, and for good cause appearing therefore, IT IS HEREBY ORDERED THAT: The deadline for the Parties to file any fee motion pursuant to Rule 54 shall be extended by thirty days and shall therefore be due forty-four days after entry of judgment. (bm) (Entered: 03/02/2016)

JUDGMENT by Judge Philip S. Gutierrez, in favor of United States Immigration and Customs Enforcement against National Immigration Law Center: On December 11, 2015, the Court issued an order granting in part and denying in part Defendant's Motion for Summary Judgment and denying Plaintiff's Cross-Motion for Summary Judgment. Dkt. 64. The Court ordered Plaintiff to submit additional documentation to Plaintiff by February 9, 2016. Id. Furthermore, the Court stated that any new motion for summary judgment must be filed by February 23, 2016. Id. Defendant complied with the Court's order to submit additional documentation to Plaintiff by February 9, 2016. Dkt. 66. On February 26, 2016, Plaintiff notified the Court that no additional motions for summary judgment will be filed by either party. Id. Accordingly, JUDGMENT IS HEREBY ENTERED for Defendant. (MD JS-6, Case Terminated). (bm) (Entered: 03/24/2016)